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U. T. INC. v. BROWN

No. C-C-77-282.

457 F.Supp. 163 (1978)

U. T. INCORPORATED, a Georgia Corporation, d/b/a Cameras Eye Bookstore, Plaintiff, v. Joseph BROWN, District Attorney for the Twenty-Seventh Judicial District, and Individually, C. C. Elmore, Chief of Police of the City of Gastonia, and Individually, and Gary Hicks, City Manager for the City of Gastonia, and Individually, and Henry Whiteside, City Attorney for the City of Gastonia, and Individually, Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

August 3, 1978.

Attorney(s) appearing for the Case

Michael K. Curtis and Charles A. Lloyd, Smith, Patterson, Follin, Curtis & James, Greensboro, N. C., Michael K. Hodnett, Gastonia, N. C., for plaintiff.

Joseph G. Brown, and Graham C. Mullen, Mullen, Holland & Harrell, Gastonia, N. C., for defendants.

MEMORANDUM OF DECISION

McMILLAN, District Judge.

This case was brought under 42 U.S.C. § 1983 to challenge the constitutionality of a local ordinance [see appendix] adopted by the City of Gastonia, North Carolina, on August 16, 1977, and titled "An Ordinance of the City of Gastonia Declaring Commercial Exploitation of Obscene Material and Performances and the Indecent Rendition of Services to Be a Public Nuisance and Providing for Their Abatement in...

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